Legal Question in Employment Law in California

Due to some political situation in the work place my boss wanted to reduce part of my base salary and move the part into the targeted bonus. Is this legal? He also wanted to move me to a different position or a different job to cut my base. Is this lawful? Thank you for help.


Asked on 8/18/10, 8:14 pm

2 Answers from Attorneys

As long as it does not violate minimum wage and overtime law, and you do not have a formal employment contract that would prohibit it, it is entirely legal. In this economy be glad you have the chance to earn your keep instead of being laid off to cut costs.

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Answered on 8/23/10, 9:08 pm
Terry A. Nelson Nelson & Lawless

The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc. just not retroactively. Employees have the 'right' to pay and employee benefits per the minimum wage laws, and company policy as agreed, to be provided a 'safe' workplace to minimize risk of injury, and sometimes are entitled to certain medical/pregnancy leave rights. That's about it. In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.

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Answered on 8/24/10, 10:41 am


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